Judicial Application Of The Legal Principle

Luzhou bequests disputation was only with the very simple fact, and the legal application was also very clear too. These kinds of ordinary bequests cases are in a huge number in China. Furthermore, we believe that the subject of case is not large, and the facts are clear. The clear provisions of law can be rapidly and completely closed so that the parties to the rights and obligations as soon as possible can be defined. Originally they will not create much controversy, even in the court for summary procedures can be dealt with, yet because of the spread of the modern media, and the mood in promoting public morality, a heated nationwide debate was created. As a substitute the rule of law and directly application of legal principles of the typical cases, it has become a rule of law in China on the road of building a landmark event. This paper ill analysis the typical case .The case triggered by the controversial issue will be explored, research. To found methods of handling similar cases should be promoted experience with the specific work of the judicial practice can be used as reference.China court process in the adjudication of cases is usually used deductive reasoning model, based on the facts to find the law for application. The case is unique for the application of the law have differences, the courts have demonstrated in the case of the use of the rules of the more abstract legal principles, and did not give sufficient legal reasons to prove. Some scholars believe that Mr. Huang's behavior would break the civil law principle of public order and good customs, and other scholars argued that the law of succession in the category of acts has made explicit stipulations, the law of succession as a special law should give priority to the same time, application of legal principles are not allowed to violate the "prohibition of the general terms of escape" the use of criteria. This article firstly analysis the application of law in the courts in the process, point out that the use of the process in my opinion incorrect behavior, and then introduced the legal application in the process of being adopted by deductive reasoning and dialectical reasoning that the legal application form ultimately used educative reasoning and deductive reasoning does not involve any legal value judgments. In the application of the legal process, only deductive reasoning is not meeting demand, in many cases, such as the case involving the legal principles and rules of law applicable confliction, we need to apply the value of the different legal measure to make the appropriate choice. Finally, the author discussed the application of the principle of legal cases and the application of restrictions, and has raised its use of the legal principles in the course of measures to be taken.With the continuous development of society, as well as the statute itself defects, more and more laws and the absence of conflicts of law will emerge, the legal principles will be applied more, the paper seeks to apply the law of the case in the lack of a related view for the future similar to the handling of the case for reference.